Premarital Agreements

Premarital, agreements (also known as Prenuptial agreement) are recognized and enforceable in Ohio. Generally, to be valid and binding, the agreement must specifically identify all assets and debts, with their accompanying values; must be in writing and signed by both parties; and must be entered into freely without fraud, duress, coercion or overreaching.

These agreements can address issues related to divorce as well as the death of one of the parties. The divorce provisions may address property division, debts and spousal support. However, under certain circumstances, the provisions related to spousal support can be subject to modification upon the termination of the marriage. Custody and child support issues may not be determined in a prenuptial agreement. The agreement may also provide for the manner in which the parties will handle their finances during the marriage.

Premarital agreements are not only for the rich. These agreements are often used when one or both parties have previously been married or already have children. The agreements are used to protect their children's financial interests in the event of their parents’ death. Furthermore, the agreements may be used to protect the property that one or both of the parties is bringing into the marriag.

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